Test of wills resumes over US extraditions

By Toby Helm

12:01AM GMT 06 Nov 2006

A fierce battle of parliamentary ping-pong between Commons and Lords will resume today over moves by peers to block fast track extraditions to the United States.

The row erupted amid anger over the use of a new treaty by US prosecutors to extradite three former NatWest bankers to answer fraud charges relating to the collapse of Enron, the energy trading company.

Last week, peers voted a second time to reinstate into the Police and Justice Bill measures to curb the use of the procedures after seeing their plans rejected by MPs. Today, at the start of the final week of the current Parliamentary session, the Bill returns to the Commons. There are fears that it could be lost unless one side backs down.

Critics of the 2003 Extradition Treaty in the Lords, where the Government does not command a majority, say it makes it too easy for US authorities to demand the extradition of UK citizens.

Those authorities must outline the alleged offence and provide evidence that would justify an arrest warrant being issued in the UK.

However, peers say the treaty is tilted in America's favour because Britain has to provide evidence of "probable cause" — a more rigorous test — before it can secure extradition of a US citizen.

Labour says Tory opposition to the Treaty is making it more difficult to bring criminals before the courts. Ministers deny that the rules are biased towards the US, insisting they offer "rough parity".

The Tories say the Government's opposition to the changes proposed by the Lords is "undemocratic" and damages British interests.